Tag: Law

The abrogation of Article 370 has been accompanied by many colossal whoppers about its politics and history, and deliberate disinformation about the consequences for legal and constitutional rights and status. Yet in Kashmir, from where I write this, none of it matters. It is all of a piece with India’s long history of lawlessness and lies in the name of law. In the face of overwhelming ontological insecurity and terrifying state brutality, no one, not even the lawyering community (such of them as are not busy filing habeas corpus and bail petitions or themselves hiding from arrest), can be bothered to pore over the niceties of how exactly the deed was accomplished. With no Internet access many Kashmiri lawyers I speak to have not so far been able to read the full text of the two Constitutional Orders that altered their fate. What, after all, is a legal sleight of hand or an elaborately constructed constitutional lie when you have not spoken to a beloved daughter in two months? Who cares if Tulsi Gabbard (“who?”) or the late Arun Jaitley (“he died?”) misrepresent the nature of property rights that daughters enjoyed under your one-time, so-called semi-autonomous legal system? Many had not heard that this was even a thing. When I informed them, seething with indignation, they shrugged. “Yes” they said. “They lie.”

The tortuous thicket of laws, constitutional provisions, presidential orders, political history and legal mystifications surrounding Article 370 and Article 35A make it difficult to navigate through recent debates about its abrogation in an informed way. This series of three essays by Shrimoyee Nandini Ghosh, lawyer and legal researcher, aims to be a somewhat eclectic guidebook— at times proffering a no frills step-by-step road map, at others traversing some rather more unfrequented and adventurous legal diversions. In this first essay, Shrimoyee provides a legal-historical guide to terms like 370, 35(a) and the tricks, which were played to make these history.”

Section 124A on Indian Penal Code on Sedition was introduced by the British colonial government in 1870 when it felt the need for a specific section to deal with the offence. It was one of the many draconian laws enacted to stifle any voices of dissent at that time. Mahatma Gandhi was prescient in recognising the fundamental threat it provided to democracy when he called it the ‘prince among the political sections of the Indian Penal Code designed to suppress the liberty of the citizen.’

Justices Ramana and Shantanagounder of the Supreme Court have come under a lot of flak especially from the liberals for their judgment in a case that was to settle inheritance in a disputed inter-religious marriage. Most newspapers and social media commentators reported the judgment as having called marriages between Muslim men and non-Muslim women as “irregular” – thereby giving the impression that the judges were being deliberately misogynist and in the process adding substantially to all-pervasive Muslimophobia – spreading a false impression that legally Muslim men can “irregularly” marry non Muslim women – a completely false claim – and this was being spread because of shoddy and lazy reportage apart from of course Muslimophobia which is ever ready homogenize Muslims and ready to accept anything that paints Muslims as backward readily.

The Proposed amendment clearly seeks to excommunicate and ostracise a Khasi woman who marries a non Khasi and her children, in contravention to our customary practices, Human Rights law and our Constitution. The bill is being justified on grounds of protecting the Khasis against economic exploitation and land alienation, but this was done without proper and diligent research and the proposed amendment will not in any way resolve what is sought to be projected as being the crisis in Khasi society. In fact legislations such as the land Transfer Act and The Benami Act already exist to protect and curb economic exploitation and land alienation. These need to be strictly implemented in letter and spirit. Further there is an urgent need to bring a Land Ceiling Act such that rampant land alienation leading to landlessness especially rural landlessness is immediately checked. Given the serious nature of the lapses and violations to the many constitutional provisions and our customary practices we sincerely urge you to withhold assent to this problematic amendment bill.

When no party gets a majority in an election there is unbridled enthusiasm among some legislators, individually or in small groups to help a party form the government. They cannot be faulted for this, elections are held to form a government, This leads to party hopping, the easiest way to create a majority when the electorates did not help is to put a majority in party in place.

When no party gets a majority in an election there is unbridled enthusiasm among some legislators, individually or in small groups to help a party form the government. They cannot be faulted for this, elections are held to form a government, This leads to party hopping, the easiest way to create a majority when the electorates did not help is to put a majority in party in place.

An important legislation like THE MEGHALAYA COMMUNITY PARTICIPATION AND PUBLIC SERVICES SOCIAL AUDIT ACT, 2017 came into being without any element of Community Participation through Pre-Legislative consultation about its intent and content. Some of the remarks we make about the Act are due to this ‘failure’ on the part of the government to take the people and community into confidence about the law.

Each instance of alleged sexual harassment needs to be examined and dealt with on its own merit – with due process available both to the accused and to the accuser. Sweeping, anonymously driven collective assertions of the culpability of a cluster of named and shamed persons violates the principles of the need for rigourous individual examination of each instance, with due attention to the testimonies of victims and the defences of the accused, without which justice and resolution can never be served.

Satya Prasoon dissects the claims made by the Government of India in its affidavit on 18th Sept in the Supreme Court. Examining the constitutional law and international law positions he argues that the Government’s stand of deporting 40,000 Rohingyas is not legally justifiable. However, The Indian State needs to see beyond the law and frame it as a larger moral question of human suffering and loss. This case is not just about deciding the fate of 40000 individuals butalso indicates, if India is just a geographical construct or a nation with a moral core.

With cases like Julius Dorphang’s aggravated sexual assault on a Child and use of Guest House owned by HDR Lyngdoh, home minister of Meghalaya, for child sex trafficking, it is important to know about POCSO 2012.

The new legislation has increased the recognized number of disabilities from 7 to 21(including acid attack victims).Furthermore,it penalizes discrimination, focuses on inclusive educational institutions and makes compliance with standards of accessibility as a precondition for permission to build a structure, among other things… While the Bill has been applauded by the community as an acceptance of a progressive understanding of disability, it leaves one with concerns over the provisions related to guardianship.

If you have been following the mainstream Shillong media or reading/hearing the influential opinion-makers of the town, you would be right to think that the Hawking and Vending is an illegal activity which needs to be stamped out. But that is not the case. Illegality is a myth.

As the city of Shillong mourns the brutal attack on the teenager girl from 4 -1/2 miles Upper Shillong, East Khasi Hills District, Meghalaya, many are outraged and angry and crying for justice. Rape cases in Meghalaya seem to see a slow death as cases linger, with trauma to the victims and their families right from the beginning. It is disturbing that there is selective outrage against crimes on women and children in our state. This incident could very well not have occurred had the outrage being displayed now been there all along for each heinous crime of rape that occurred in the state including those in far flung villages which often go unreported and are silenced due to the influential links of perpetrators. We need to question this erratic display of solidarity.

I think it is important to talk about, given how glibly people say, “let the law take its course,” “if so and so is innocent, then justice will be done,” and such like things. What do we do, if the law taking its (long and winding) course itself acts as punishment, how do we undo that damage, should the final outcome be acquittal?

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